Court Order - State of Ind, State of Ind_5/31/1984�
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� s:s�. Form 36534 SUl`fhIONS AND vOTICE OF
.:� •APPROPRIATION OF REAL ESiAT� .
STATE OF INDIANA ) IN THE GIBSOPd CIRCUIT COURT
SS: //
COLZdTY OF GIBSON_ ) CAUSE. �0 . C—�7` � Sl
SiATE OF ITIDInidA,
Rlaintiff,
v.
HEZ7RY A. PETERS, et al.,
Defendants
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This �is to notifj� Auditor of Gibson County, Court
House, Princeton, Indiana 47570
e_�end'ant, to 2ppear before the Circuit Ccurt cf Gibson
, County, �ndiaza (or i said Court is in -�acat-on,
the Hon.orsbleidalter H. Palmer , Jedge of the Circuit
Court of ���„ County, InZiana, at his chamoers in he Coart-
house of sai;, Gihsnn Cour:tv) on the ���day of_ .�nc'l
, 19_��, to �how cause, ir any he has, why
the real es`a=e sought to be appropri.ated in the conplairt of'
ST9TE OF I\DIANA, should r_ot be �pnropriated. .Failure to app?ar
znd respcnd by the.date specified above couid result in the r�al
estate being appropri.ated o?�thouG any further opportunitq for you
to object. Howe�aer, even after the appropriation you ��i11 have
further epportunity to litigate .the price. to be paid fcr the real
estate.
4litness my Haad and the Seal of said Gour�af ixed at
Princeton , =ndiana, this�_day of ,
19 n � '
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(The following manner ot service of Summons and Notice.of Appro-
pr�ation of Reai Estate is hereby desigr_ated.)
Regis:ered or'certified mail
X Service bv Sheriff or Deputy on individual
or cop�r) at aboce a3dress '
Service at pl�ace of emglovment, to »�it
- Service on agen*_. (Specify)
.••Uther service. ��peciP�)
I.IVLEY E. PEARSON
Att�raey General cf Indiana
By : David A. P7owal:
Deputy Attcrney General
219 State House
Indianapolis, India*:a 45204
Tel?.�hone: (31_7) 2�2-6303
Attornevs for Plaintiff
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Stetc Fotm 41388
AGH-3H
Rev. 3/81
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STAT� OF INDIANA )
) SS:
COUNTY OF GIBSON )
STATE OF INDIANA, '
Plaintiff.
-vs-
HENRY A. PETERS,
IMOGENE B. PETERS,
AUDITOR OF GIBSON COUNTY;
and TREASURER OF GIBSON
COUNTY,
Defendants.-
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IN THE GIBSON CIRCUIT COURT
CAUSL N0. � _ � 7 ��y
�9 � � Y'. .
; � P .� �..,i'
,
FEB 17 1984
qe Girk Dson GrcuR Caurt P
COMPLAINT FOR APPROPP.IATION OF REAL ESTATE
NUMBER 1
The plaintiff, State of Indiana, complains of the above-named
defendants, and says: That.the plaintiff, acting through its legally
organized and constituted lleoartr�ent known and designated as the
Indiana Department of Highways is now engaged in the improvement
of a certain public highway in Gibson
said highway being known as Road P7o
County, Indiana,
S,R.57 , Project FG-031-2(4)
said highway being one of the highways of and a part of the State
Highway System of the State of Indiana; and the same is to be im-
proved.and maintained by said Indiana Department of Highways as
a part of the said State Highway System. That said Indiana Depart-
ment of tlighcaays. has heretofore prepared and adopted plans for
the improvement 'of said highcaay, �ahich plans have been si�ned
on behalf of said.Indiana llepartment of Hignways and are now
on file in its office.
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AGH-3A
NUMBER �
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That the defend�nts lienry A. Peters and ImoQene
B. Peters
are the owners of certain real estate in uid county in which is included the
real estate hereby sought to be appropriated.�nd condemned.
Defendancs' said real estate is deuribed aa follows:
A part of the south one-half of the southeast quarter of the southcaest
quarter of section 13, township 2.south, range 9 west, described by metes
and bounds as follows: Beginning at a Sassafras corner tree mar�:ing the
southwest corner of said quarter quarter section and running thence east,
along the section line 341.8 feet to the west right-of-way line of indiana
State Highway ��57; thence in a northeasterly direction, along the west
right-of-�aay line of Indiana State Highway ��57 for a distance of 776
feet, thence west 754 feet; thence south 645.5 feet to the place of be-
ginning, containing 8.12 acres: ,
ALSO, a part of the northeast quarter of the northwest quarter of section
24, township 2 south, range 9 west, more particularly described as follows:
Beginning at a point in the north line of the right-of-way of the Southern
Railroad Company at the intersection of said right-of-way line and the west
r_ight-of-way line of State Highway $57 in said section, township and range,
and running thence in a northeasterly direction along the west line of said
State liighway ��57, 292 feet to the north line of said section; thence west
along the north line of said section 350 feet to the quarter section line,
thence south along the quarter section line 253 feet to the north right-of-,
way line of the Southern Railroad Company; thence east along the north
right-of-way line of the Southern Railroad Conpany 185 feet to the place
of beginning containing 2 acres, more or less: '
ALSO, a part of the northwest quarter of the northcaest quarter of section
twenty-four (24), town two (20 south, range nine (9) west, more �articularly
described.as follows: Beginning at the northeast corner of said quarter
quarter section and running thence south along the first line thereof two
hundred fifty (250) feet, more or less, to the north line of the right-of-
way of the Southern Railway; thence west along the north line of said right-
of-way two hundred sixty-four (264) feet; thence north two hundred fifty
(250) feet; more or less to the north line of said quarter quarter section;
thence east two hundred sixty-four (264) feet more or less to the place of .
beginning, conta_ininy, one and one=half (1 1/2) acres, more or less;
ALSO, a part of the east one-half of.the southwest quarter of the south-
west quarter of section thirteen (13), town tLJO (2) south, range nine (9) •
west, described as follows': Beginning six hundred sixty (.660) feet, more �
or less, north of the.southeast corner of the east one-half of the southwest
quarter of the southwest quarter, above described, which beginning, point is
the northeast corner of the south half of said east one-half, above described,l
and running thence west, one hundred sixty (160) feet; thence south, three
hundred thirty (330) feet; thence west, one hundred sixty (160) feet, thence
south, three hundred thirty (330) feet, mo're or less, to the south line of, ir
said east'one-half; thence east, three hundred thirty (330) feet;---more or .
less, to the southeast corner of said east one-half; thence north along the �
east line of said one-half six hundred sixty (660) feet to the place of
beginning, conta ining three and one-half (3 1/2) acres, more or less.
ALSO, a part of the southwest quarter'of the southwest quarter (SW) of
section thirteen (13), township two (2) south, range nine (9) west, bounded
and described as follows, to-wit.: Begin at an iron 649 feet south and 160
feet west of the northeast (NF.) corner of said quarter quarter section and
run thence south parallel to the east line of said quarter quarter section �"
330 feet; thence west 160 feet to an iron; thence northeasterly 366.7 feet,
to the place of beginning, containing .61 of the acre, more or less.
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NUMBER 2A
Four acres (more or less) off of the west end of the north�half
of the southeast quarter of the southwest quarter of section thirteen
(13), town two (2) south', rang,e nine (9) west,.said real estate lying
immediately west and adjacent to a tract of land now owned by James
A. and Flora B. Couts, as shown in deed record 100, page 579, in the
Recorder's Office at Princeton, Indiana.
ALSO, a part of the north half of the southeast quarter of the south-
west quarter of Section thirteen (13), township two (2) south, range
number nine (9) west, and bounded as follows, to-wit: Beginning at a .
point in the north line of said north one-half Sixteen (16) rods east
of the northcaest corner of the southeast quarter.(14/) of the southwest
quarter (1/4) of said section, town and ranp_e; and running thence east
two hundred ninety-five (295) feet; thence south five hundred ninety
(590) feet; thence west two hundred ninety-five feet (295) feet; thence
north five hundred ninety (590) feet to the place of beginning, contain-
ing four acres, more or less.
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AGH-3E
NU[�iBER _ 3
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P1�:nt�P`is inEonned and verily believes that t
Eendant(s)
claims and asserts an interest in and to the real estate described
in Paragraph 2.
PlaintifE Eurther is informed and verily believes that the
defendants, County Auditor of r;ih��n County, and
County Treasurer of Gibson County has and holds a
first, prior and existing lien on the real estate described in
Paragraph 2 Eor any and all delinquent, current and Euture taxes,
legally assessed against said property.
PlaintifE alleges that ownership oE the Eee in and to the real
estate is set forth in Rhetorical Paragraph 2 and said deEen'dants
last above mentioned are made a party hereto, to answer as to any
right, title or interest they may have in and to the real estate
set forth in said Rhetorical Paragraph.2.
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Stem Fo�m 347< �
AGH-3B
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That for the purpose.of improving said highaay, it Ss
neceeeury and proper that plaintifP take and appropriate under
the poxera vested in it by the General Aseembly of the 3tate of
Indiana,_the fee simple title to part of eaid treot of.real
estate described in Peragraph 2 herein. The Dart ao aought to
be appropriated and condemned ie described ee followe�
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PROJECT FG-031-2(41
PliRCGL 2
'a.,y
J�,y
SHEET 1 OF 1 ���
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�A PART OF THE SOUTH N11LF OF THE SOUTHEAST OUARTER OF THE SOUTHWEST OUHRTER �
I OF SECTION 'I3� AND A PART OF ?HE NORTHEHST QUARTER OF THE NORTH4JE5T OUPRTER OF ' j
�
- SECTION 24� AL� iN SOWNSHIP 2 SOUTH� RNNGE 9 1'JEST. G[BSON COUNTY� INDtANH� DES— � ,�
� CRIBED AS FOLLOWS: BEGINNING qT q POINT ON THE SOUTH LINE OF SFlID SECTION �3 ,
SaurH,89 DEGREES ?2 MINUTES 72 SECONDS I+IEST 937.55 FEET FROM THE SOUTHEAST CORNER
� OF THE SOUiHWEST OUARTER OF SAID SECTiON 13� WHICH POINT OF BEGINNING [5 ON THE -
' NORTHWESiERN BOUNOARY OF S.R.�S%� THENCE SOUTH 32 DEGREES 21 MINUTES 39 SECONDS
� ��WEST:_'a'Z�'J�:�!b� FEET;ALONG� THE BOUNDARY.OF sato�.S.R. 57i THENCE PLONG SAID BOUNDARY
'�'SOUTHWESTERLK�147.02 FEET A�ONG FN ARC TO THE L'eFT PND HAVING F RADIUS OF ��,539.16
��� " FEET•AND SUBTENDE� BV A �ONG CHORD HFV[NG F1 BEARING OF SOUTH 28 DEGREES O7 M[NUTES �
ZB SECaNDS 4JEST� HND A LENGTH OF 147.02 FEET TO THE NORTH LINE OF THE R[GHT OF WAY _
OF,,.SOULHERN RP[LROAD C014PANYJ THENCE SOUTH 88 DEGREES 35�ratNUTes 23 SECONDS I'�EST -
'¢j,SO FEET PLONG SAID NORTH LINEi THENCE NORTHEASTERLY 7S.%7 EEET� FLONG HN ARC.TO THE i'r•/
� RIGHT PND HAVING A Rl1DIU5 OF �1,577.16 FEET AND SUBTENDED BV H LONG CHORD HAV[NG .
q BEARiNG OF NORTH 27 DEGREES SO M[NUTES 40 SECONOS EAST AND A �ENGTH OF 76.77
FEET�. THENCE NORTH 32 DEGREES 57 MINUTES 34 SECONDS EAST 193.42 FEET� THENCE
� NORTH 40 DEGREES�'J4 M(NUTES Z� SECONDS EAST 20`J.28 FEET TO THE NORTHWESTERN
- � BOUNDARY �F S.R. 57; THENCE SOUTH 32 DEGREES 21 MINUTES 39 SECONOS L'�EST 178.59 �
FEET i1LONG THE BOUNDFIRV OF snto_S.R. 57 TO THE PO[N7 OF BEGINN[NG FND CONTA[NING ir
. �''.
O.OSB ACP.ES� MORE OR LESS� �N SAID SECT[ON 13� PND CONTAINING 0.209 ACRES� MORE .-'_.. ,
--'GR LE55� IN SAI�-SECTION 24; FND CONTqINING [N F1LL 0.267 F1CRE5� MORE OR �ESS• �,�.��:�^"��
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AQi= 3F
Rev. 8/ 75
State Forn 3472
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NLMBER
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;That the residue of�said real estate described in Paragraph 2,
and.owned by the above-named defendants, wi11 be benefitted by said
proposed improvement of said road as alleged herein
��
That prior to the bringing of this�action, the plaintiff, through
the said Indiana.Department of Highways, made an effort to purchase
said real estate
described in Paragraph
from the above-named owners, and did offer said owners the sum of
Fotir HtindrPd - - - - - - - - - - - - - - - IIcL.lar� �$-�.n�-.1)A )
therefor, but that the plaintiff and said owners have been unable to
agree as to the purchase price thereof, or as to the amount of damages,
if any, sustained by said defendants by reason of the appropriation of
sai
real estate
��l�
for the use hereinbefore stated.
That prior to the bringing of this action, the said Indiana Depart-
ment of Highways adopted an order setting forth the description of said
real estate herein sought to be acquired by it,
as above set forth, which said order alleged and set forth that said
real estate " herein sought to.be condemned was
necessary for the carrying out of said highway improvement project and
directed that condecrmation proceedings therefore be instituted by the
Attorney General in the name of the State of Indiana.
NUMBER 8
That said highway so to be improved extends from�g�j� ar a ;,,r,
the intersection of the center line of S.R.57 and the center line of S.R.64. oroceed
North 2209 61 feet on and alonp the center line of S R 57'to a point h Sn� h Prn;act
Limit thence North 960 00 feet on and alon.v the center line of S R 57 to a minr_. the:
North Project Limit all beinQ in Sectians 23 and 13 Tcn,mshi Srn�rh Ranga 9 taP�r
ti
finlinnhia TnumGhiD
`n GIBSON CoLmty, State of Indiana, and said right of
way is to be 200 feet wide., excepting where additional width
nay be required for construction purposes.
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Stnn Form 38649
NU[�BER 9
That the plaintiff,' through said Indiana Department of
.Highways, intends fo use the real estate herein
sought to be conde�ed for the purpose of the improvement of said
highway and the widening thereof, and said real estate
as herein described is necessary and proper for the carrying out
of-said work, and said raal asrarP when obtained
iai11 be used for such purpose.
NUMBER �n
WHEREFORE, the plaintiff prays that three disinterested
freeholders' of said county be appointed to appraise the value
of the real estate sought to be condemned, and to
fix the amount of benefits and damages, if any, and that such
appraisers be ordered to report their appraisement, and the
Clerk of the Court be ordered to send notice of said appraise-
ment by certified.mail to a11 parties as by law provided and
that all other necessary proceedings and steps be taken for
the Indiana Department of Highways to acquire, by the right of
eminent domain, the real estate so sought to be
condemned for the purpose aforesaid.
The State of Indiana, pursuant to TR 38(B) reserves the
right to demand trial by jury.as provided by I.C. 32-11-1-8 in
the.event either party hereto files timely exceptions to the
award of the Court-appointed appraisers.
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Office'of Attorney General
219 State House
Indianapolis, IN 46204
Telephone: (317) 232-6303.._
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NLE7�E . PEARSON
torne� General of
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Deputy Attorney G�era1
Attorney for Plaintiff_
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